Cricket Australia Anti-Corruption Code
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Cricket Australia Anti-Corruption Code Effective from 27 September 2018 CRICKET AUSTRALIA INTEGRITY UNIT: 60 JOLIMONT STREET JOLIMONT VICTORIA 3002 Email: [email protected] Reporting Hotline: 1300 FAIR GAME (1300 3247 4263) DESIGNATED ANTI-CORRUPTION OFFICIAL: SEAN CARROLL Cricket Australia Head of Integrity and Security Email: [email protected] Direct: +61 3 9653 9930 Mobile: +61 411 214 783 Fax: +61 3 9653 9911 Address: 60 Jolimont Street Jolimont Victoria 3002 TABLE OF CONTENTS ARTICLE 1 INTRODUCTION, SCOPE AND APPLICATION 3 ARTICLE 2 OFFENCES UNDER THIS ANTI-CORRUPTION CODE 9 ARTICLE 3 STANDARD OF PROOF AND EVIDENCE 17 ARTICLE 4 INVESTIGATIONS AND NOTICE OF CHARGE 17 ARTICLE 5 THE DISCIPLINARY PROCEDURE 28 ARTICLE 6 SANCTIONS 34 ARTICLE 7 APPEALS 41 ARTICLE 8 PUBLIC DISCLOSURE AND CONFIDENTIALITY 42 ARTICLE 9 RECOGNITION OF DECISIONS 43 ARTICLE 10 LIMITATION PERIODS 44 ARTICLE 11 AMENDMENT AND INTERPRETATION OF THIS ANTI-CORRUPTION CODE 44 APPENDIX 1 DEFINITIONS 42 2 ANTI-CORRUPTION CODE ARTICLE 1. INTRODUCTION, SCOPE AND APPLICATION CA has adopted this Anti-Corruption Code in recognition of the following fundamental sporting imperatives: All cricket matches are to be contested on a level playing-field, with the outcome to be determined solely by the respective merits of the competing teams and to remain uncertain until the cricket match is completed. This is the essential characteristic that gives sport its unique appeal. Public confidence in the authenticity and integrity of the sporting contest is therefore vital. If that confidence is undermined, then the very essence of cricket will be shaken to the core. It is the determination to protect that essence of cricket that has led CA to adopt this Anti-Corruption Code. Advancing technology and increasing popularity have led to a substantial increase in the amount, and the sophistication, of betting on cricket matches. The development of new betting products, including spread-betting and betting exchanges, as well as internet and phone accounts that allow people to place a bet at any time and from any place, even after a cricket match has started, have all increased the potential for the development of corrupt betting practices. That, in turn, increases the risk that attempts will be made to involve participants in such practices. Even where that risk is more theoretical than practical, its consequence is to create a perception that the integrity of the sport is under threat. Furthermore, the nature of this type of misconduct is such that it is carried out under cover and in secret, thereby creating significant challenges for CA in the enforcement of rules of conduct. As a consequence, CA needs to be empowered to seek information from and share information with competent authorities and other relevant third parties, and to require Participants to cooperate fully with all investigations and requests for information. 3 CA is committed to taking every step in its power to prevent corrupt betting practices undermining the integrity of the sport of cricket, including any efforts to influence improperly the outcome or any other aspect of any Match or Event. This Anti-Corruption Code is to be interpreted and applied by reference to the fundamental sporting imperatives described in Article 1.1. This includes but is not limited to cases where an issue arises that is not expressly addressed in this Anti-Corruption Code. Such interpretation and application shall take precedence over any strict legal or technical interpretations of this Anti-Corruption Code that may otherwise be proposed. This Anti-Corruption Code applies to all Participants. NOTE: For the avoidance of doubt, CA’s jurisdiction to take action against a Participant under this Anti-Corruption Code is limited, subject to the provisions of Article 1.6 below, to corrupt conduct taking place in, or in relation to, Domestic Matches sanctioned or approved by CA. Each Participant is automatically bound by this Anti-Corruption Code as soon as he/she becomes a Participant. From that point, he/she shall be deemed to have agreed: for the purposes of applicable data protection and other laws and for all other purposes, to have consented to the collection, processing, disclosure and use of information relating to him/herself and his/her activities, including personal information relating to him/herself and his/her activities, to the extent expressly permitted under the terms of this Anti-Corruption Code, and shall confirm such agreement in writing upon demand; that it is their personal responsibility to familiarise themselves with all of the requirements of this Anti-Corruption Code, including what conduct constitutes an offence under this Anti- Corruption Code, and to comply with those requirements; to submit to the authority of CA to adopt, apply, monitor and enforce this Anti-Corruption Code and to investigate apparent 4 or suspected conduct that may constitute an offence under this Anti-Corruption Code; to submit to the jurisdiction of any Anti-Corruption Tribunal convened under this Anti-Corruption Code to hear and determine: any allegation by CA that the Participant has violated this Anti-Corruption Code; and any related issue (e.g. any challenge to the validity of the charges or to the jurisdiction of CA or the Anti- Corruption Tribunal, as applicable); to submit to the exclusive jurisdiction of any CAS panel convened under this Anti-Corruption Code to hear and determine appeals made pursuant to this Anti-Corruption Code; and not to bring any proceedings in any court or other forum that are inconsistent with the foregoing submissions to the jurisdiction of the Anti-Corruption Tribunal and the CAS. Without prejudice to Article 1.4, a Participant shall also be bound by the anti-corruption rules of the ICC and all other National Cricket Federations: not to commit corrupt conduct as set out under those rules; and to submit to the jurisdiction of first instance and appeal hearing panels convened under those rules to hear and determine allegations of breach of such rules and related issues. NOTE: Copies of the anti-corruption rules of the ICC can be found on the ICC Website. The substance of each set of anti-corruption rules of the ICC are materially the same as this Anti-Corruption Code. For the avoidance of any doubt: Where a Participant’s alleged conduct would amount solely to a violation of this Anti-Corruption Code (whether such conduct 5 actually relates to a Match or Event or not), CA will have the exclusive right to take action against the Participant under this Anti-Corruption Code for such conduct; Where a Participant’s alleged conduct would amount solely to a violation of the anti-corruption rules of the ICC (whether such conduct actually relates to an International Match or not), the ICC will have the exclusive right to take action against the Participant under its own anti-corruption rules; Where a Participant’s alleged conduct would amount solely to a violation of the anti-corruption rules of another National Cricket Federation (whether such conduct actually relates to a Match taking place within the territory of such National Cricket Federation or not), the relevant National Cricket Federation will have the exclusive right to take action against the Participant under its own anti-corruption rules; Where a Participant’s alleged conduct would amount to a violation of this Anti-Corruption Code and one or more of the anti-corruption rules of the ICC and/or the anti-corruption rules of any other National Cricket Federation: if the alleged conduct relates solely to one or more Domestic Matches or Events held under CA’s jurisdiction, CA will have the priority right and responsibility to take action under this Anti-Corruption Code against any relevant Participant for such conduct (irrespective of the nationality or place of residence of the Participant), but where it fails to take any action under its anti-corruption rules within 180 days of becoming aware of the conduct or agrees to defer to the National Cricket Federation to which the Participant is affiliated, the National Cricket Federation to which the Participant is affiliated may instead take action against the Participant in respect of such conduct under its anti-corruption rules provided it has first given notice in writing of such to CA. 6 if the alleged conduct relates solely to one or more International Matches (other than International Tour Matches), the ICC will have the exclusive right to take action against the Participant under its own anti- corruption rules; if the alleged conduct relates solely to one or more International Tour Matches played in CA’s jurisdiction, then, unless otherwise agreed between the ICC and CA: the ICC will have priority right and responsibility to take action under its anti- corruption rules against any Participant who participated on behalf of, or who was in any way associated with, or whose conduct was related to, the participating representative team of a full member of the ICC (or associate member of the ICC with Test and/or ODI or T20I Status) in the International Tour Match; and CA will have the priority right and responsibility to take action under this Anti-Corruption Code against any Participant who participated on behalf of, or who was in any way associated with, or whose conduct was related to, the participating domestic, guest or invitational team in the International Tour Match; if the alleged conduct relates to one or more Domestic Matches or Events held under the jurisdiction of CA and one or more International Matches and/or one or more Match played under the jurisdiction of another National Cricket Federation, CA and the ICC and/or the other relevant National Cricket Federation(s) shall agree between them which of them shall take action (and, where applicable, in which order) against any relevant Participant for such conduct.